TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Pasminco Rosebery Mining
(T9218 of 2000)

and

The Australian Workers' Union, Tasmania Branch

Industrial dispute - mode terms and conditions of employment - threatened strike action - recommendation

REASONS FOR INTERIM DECISION

On 29 September 2000, Pasminco Rosebery Mine (the Company), applied to the President, pursuant to s.29(1) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of a dispute with The Australian Workers' Union, Tasmania Branch (the Union) arising out of the mode terms and conditions of employment and threatened strike action.

On 29 September 2000, the Acting President convened a hearing at `Lyndhurst', 448 Elizabeth Street, North Hobart, Tasmania before myself, to commence on Monday, 2 October 2000 at 10.30 am.

Ms S Zeitz (of Counsel) appearing for the Company said the circumstances of the dispute were as follows:

On 28 September 2000 representatives of the Union advised the Company that, at a meeting of union members on 27 September 2000, it was decided to:

(a) impose `work to rule' bans;

(b) withdraw their labour when the Company uses contractors;

(c) withdraw their application in the Commission - T9208 of 2000 - scheduled for hearing on 2 October 2000.

She advised that discussions on the site on 28 September failed to resolve the matters in dispute and the industrial action was inconsistent with the terms of the Pasminco Rosebery (Mining) Agreement 1999.

Ms Zeitz sought an Order from the Commission directing employees to cease all industrial action forthwith.

After Mr R Flanagan, for the Union, presented his opening comments after which the parties agreed to enter into private discussions.

After some nine hours of discussions the parties emerged without any definite resolution to the dispute. That being the situation, Ms Zeitz presented a proposal1 to facilitate the arrangements that will be utilised by the Company should external contractors be engaged within the Rosebery Mine operations.

It stated:

"The use of contractors by Pasminco Rosebery Mine will take place with the Company having regard to the matters set out in this document.

1. In addition to the existing clauses 10 and 11 of the Pasminco Rosebery (Mine) Agreement, the Company will encourage external contractors to utilise local Rosebery labour where the skills and expertise are available.

2. The Company will conduct a review of contractor usage in conjunction with a review of its manning levels and will communicate the outcome of these reviews prior to the first report back.

3. The Company will register its current redundancy provisions with the Tasmanian Industrial Commission in recognition of the concerns employees have identified regarding job security.

4. Communication of the use of external contract labour will be via:

• Monthly review meeting as preference2;
• Weekly schedule;
• Start of Block meetings.

5. In the event unforeseen operational requirements necessitate unscheduled use of external contractors and a grievance arises over the use of such contractor, employees will continue to work and utilise a two hour cooling off period while their representatives have discussions with the Company. If the matter is not resolved during the cooling off period, employees will access the grievance procedure under the agreement.

6. The Company recognises the skills and expertise of its permanent workforce and will endeavour to maintain the current arrangements so long as it is consistent with the needs of the business.

7. In the event that a decision is made that will result in a reduction in the existing permanent workforce, the Company will notify the delegates, union and employee in the area(s) affected and consult and consider:

• any viable alternatives;
• the process to be adopted;

prior to implementing any such reduction.

8. The process identified in this document will be subject to a trial period of six months with scheduled two monthly report backs under the auspices of the Commission.

9. The Company will defer the use of external contractors in secondary ground control until 9 October 2000. The Company will endeavour to minimise the use of external contractors prior to the outcome of the review and subject to reduced absenteeism."

Towards the end of the hearing on 1 October 2000, I made a strong recommendation on two issues:

1. the parties adopt the proposal put forward by the Company as a reasonable way to proceed with the issues in dispute; and

2. the employees of the Company lift all bans and limitations to enable the processes outlined in the above mentioned proposal to proceed, including the regular report-backs to the Commission.

I now confirm that decision.

I remind the parties that during the trial period, as defined in clause 8 above, the Commission is prepared to reconvened this hearing at the request of either party.

This matter is now adjourned sine die.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr R Flanagan, Mr I Wakefield, and Mr R Bennion for The Australian Workers' Union, Tasmania Branch
Ms S Zeitz, of EMA Legal, Mr W J Fitzgerald of the Australian Mines and Metals Association (Incorporated) with Mr D Buscall and Mr P Edwards for Pasminco Rosebery Mining

Date and place of hearing:
2000
October 2
Hobart

1 Exhibit A1
2 means: discussions with employees representatives for specific campaigns (either through monthly meetings at 2pm. on the first Monday of each month or as required)